Fundamental Rights And Private Law In Europe: The Case Of Tort Law And Children

Fundamental Rights And Private Law In Europe: The Case Of Tort Law And Children

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SKU: SONG0415579457
Brand: Routledge
$365.90
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The book explores, from a comparative and interdisciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or horizontal effect of fundamental rights. It discusses the different models of horizontal effect and the impact that fundamental rights may have in shaping tort law, especially the position of child tortfeasors. The book concentrates on several European jurisdictions, namely France, Italy, Germany, Portugal, Sweden, Finland, and England and Wales. At a crossroad between human rights and European private law, this study draws insights from several legal fields (international, European, tort, constitutional and child law), sociology, psychology, and feminist studies. It also considers policy implications and advances proposals which would ensure the optimisation of the effect, and maximisation of the effectiveness, of fundamental rights in tort law, and more generally in private law. This book departs from traditional legal doctrines and offers a more pragmatic, comprehensive and just legal analysis of the role of fundamental rights in private law. It will be of interest to undergraduate and postgraduate students, academics, practitioners, policymakers and activists with an interest in human rights, tort law, comparative law, childrens rights and European private law.

⚠️ WARNING (California Proposition 65):

This product may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.

For more information, please visit www.P65Warnings.ca.gov.

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